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WABASH CORP. v. ROSS ELECTRIC CORP.

No. 21, Docket 21714.

187 F.2d 577 (1951)

WABASH CORP. et al. v. ROSS ELECTRIC CORP. et al.

United States Court of Appeals Second Circuit.

Decided February 21, 1951.

Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, for plaintiff, Wabash Corporation.

Arthur G. Connolly, Wilmington, Del., (Theodore S. Kenyon, New York City, Arthur G. Connolly, Wilmington, Del. and Edward A. Ruestow, New York City, of counsel), for plaintiff, Hartford National Bank & Trust Co. (Trustee).

Alexander C. Neave, New York City, (Charles H. Walker, Harry R. Pugh, Jr., New York City, Vernet C. Kauffman and James J. Lazna, Cleveland, Ohio, of counsel), for defendants.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The facts in this case have been fully set forth in the opinion of Judge CHASE. I differ with him only in so far as he would hold the product patent valid. Judge Frank and I have been unable to discover any patentable invention in the plaintiffs' product. The Ostermeier, van Liempt and Crowley Patents taught the art enough to defeat the claims of the product patent relied on. In the first, a metallic foil was used; in the second, a...

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